S1.10 Samoan Quota Scheme (15/11/2004)

The Samoan Quota Scheme allows up to 1,532 Samoans, including partners and dependent children, to be granted residence in New Zealand each year (see R6.10).

S1.10.1 Criteria for residence

1. To qualify for residence under the Samoan Quota Scheme, the principal applicant must:
   1. be a Samoan citizen (having been born in Samoa or born overseas to a Samoan citizen who was born in Samoa); and
   2. be either in Samoa or lawfully in New Zealand at the time their application for residence is made; and
   3. be aged between 18 and 45 inclusive, and
   4. have an acceptable offer of employment or have a partner, included in the application, who has an acceptable offer of employment (see S1.10.5 below), and
   5. meet a minimum level of English language ability (see S1.10.15 below); and
   6. meet the minimum income requirement (see S1.10.10 below) if they have dependants, and
   7. meet health and character requirements (see R4), and
   8. apply for residence in the prescribed manner (see R2.35 – R2.45).
2. Partners or dependent children accepted under the Quota must meet health requirements policy (see A4).
3. Partners and dependent children accepted under the Quota must meet character requirements (see A5)

S1.10.5 Acceptable offers of employment

1. Acceptable offers of employment may be in either a skilled or unskilled occupation but must be:
   1. for ongoing employment (see SM7.15(b)) with a single employer, and
   2. for full-time employment (see SM7.15(a)), and
   3. current at the time the application is made, and
   4. genuine, and
   5. for a position that is paid by salary or wages (ie, positions of self-employment, payment by commission and/or retainer are not acceptable), and
   6. accompanied by evidence of professional or technical registration if this is required by law to take up the offer.
2. Offers of employment must:
   1. be contained in an original document, and
   2. be open for at least 3 months from the date the application is made, and
   3. meet the minimum wage requirements, or in the case of an applicant with dependent children, the minimum income requirement (see S1.10.15 below).
3. Details required in an offer of employment are:
   1. the job title, and
   2. hours of work, and
   3. a brief list of duties, and
   4. the wage or salary, and
   5. the period in which employment may begin, and
   6. the term of the employment.

S1.10.10 Minimum income requirement

1. Principal applicants with dependent children must show that they will meet the minimum income requirement if they come to New Zealand, which is intended to ensure they can support themselves and any dependants.
2. The gross minimum income requirement is based on the Unemployment Benefit (married rate) plus the maximum accommodation benefit, and is reviewed annually. For the 2004/05 year, the minimum income requirement is $25,585.
3. The minimum income requirement must be derived from the acceptable offer of employment - see S1.10.5.
4. However, if both the principal applicant and their partner included in their application have an acceptable offer of employment in New Zealand, both of their wages or salaries may be taken into account when determining if the minimum income requirement is met, provided (at the time the application is assessed) a visa or immigration officer is satisfied the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the requirements in S1.10.5, except that only one has to meet the requirement that the offer be for full-time employment.

S1.10.15 Minimum English language requirement

The interviewing visa officer determines whether principal applicants meet the minimum English language requirement by assessing whether they are able to:

1. read English; and
2. understand and respond to questions in English; and

maintain an English language conversation about themselves, their family or their background.

S1.10.20 Eligibility to make a Quota Scheme application

1. Applications for residence under the Quota Scheme must only be accepted at the NZIS Apia branch or at a designated onshore receiving office.
2. To be eligible to make an application for residence under the Quota Scheme, applicants must first successfully complete the following process:
   1. Applicants are invited each year to register their interest in applying under the Quota Scheme on the official NZIS Samoan Quota Scheme Registration Form.
   2. The official registration form must be sent by mail to the NZIS Samoan Quota Scheme, Private Bag, Apia, Samoa, with only one registration form per envelope.
   3. Each principal applicant may send only one registration form. If more than one registration form is sent, that person is disqualified from that year's registration of interest.
   4. Following a set registration period, as determined and notified by the NZIS Apia Branch Manager, registration forms will be selected at random and successful applicants notified.
   5. Within 6 months of notification, the successful applicants must lodge a formal application for residence in New Zealand under the Quota Scheme.

S1.10.25 Determining applications

1. Visa officers must sight the original job offer and verify that it is genuine and current by checking:
   • directly with the employer, or
   • through the nearest branch office of the NZIS to the employer in New Zealand, or
   • by some other appropriate arrangement.
2. Visa officers must then assess the applicant's English language ability against the criteria at S1.10.15 above.

S1.10.30 Issue and grant of visas and permits

1. If an application for residence under the Samoan Quota Scheme is approved and the applicant is in New Zealand lawfully, a residence permit will be granted.
2. If an application for residence under the Samoan Quota Scheme is approved and the applicant is in Samoa, the principal applicant must be issued with a residence visa current for three months only, while the partner and dependent children must be issued with residence visas current for 12 months.

Effective 15/11/2004